HB 2127, a Texas law passed this year to empower citizens to challenge local ordinances pre-empted by state law, goes into effect today, September 1.
In a case brought by the city of Houston challenging the statute, a district judge declared HB 2127 unconstitutional. However, the declaratory judgment did not enjoin enforcement of the law by Texans who were not parties to Houston’s suit and who are harmed by local ordinances, which HB 2127 preempts.
The Office of the Attorney General immediately appealed on behalf of the named defendants, automatically staying the effect of the court’s declaration pending appeal. Under Texas Rule of Appellate Procedure 24.2(a)(3) and 25.1(h)(2) as well as Texas Civil Practice and Remedies Code 6.001, any time a state entity or official appeals a declaratory judgment, this automatically supersedes the order or judgment. When an order or judgment is superseded, its enforcement is stayed until the appellate court rules.